The Settlement

[Sandra B]

Chapter 1.  An Offer.

Philip’s mother, Alice Timothy, had been engaged in a legal battle over the disposal of her uncle’s estate for nearly a year.  The other party to the case was her older sister, Estella Crowthorne.  The estate was substantial – probably a little over half a million - and her sister was wealthy, her financier husband having died five years before and left her everything, after which she had, with becoming gratitude, reverted to her maiden name.  Moreover she had one daughter of nineteen, Tina, who was training as a lawyer, and who was already self-sufficient, albeit that she still lived with her mother.  Alice, on the other hand, had been deserted by her husband after she’d given birth to their third child, and now she was struggling to survive and bring up the three of them on a combination of state benefits and the small income she earned from a dressmaking and alterations business.  She was claiming fifty percent of the estate, whilst Estella wanted the lot.  There was no apparent basis for one sister to have a greater claim to the estate than the other.  But in legal disputes, especially those which are settled out of court, equity is not always served.  Who was it who said, if a mugger should approach me in the street and demand my wallet, I would do all in my power to resist; but if he should threaten to take it by legal means, I would hand it over and consider I had had a lucky escape? The case had not yet come to court, and if it had, it is doubtful Alice would have been able to proceed; she was relying on a small local firm of solicitors which was really out of its depth, and which, truth be told, was not charging her its usual fees.  Estella had the backing of a city firm specialising in probate and administration, one of the partners of which was a personal friend.  So really Alice was on a hiding to nothing.  But in the interests of her children, she felt she had no choice but to keep fighting.  Philip was seventeen, and was already contributing to the family finances by working in a local supermarket.  He had been hoping to go to university – he had the offer of a place to study Natural Sciences – but he felt constrained to stay and help his mother and her two younger children, Sammy, who was three, and Delia, nine.

So this was the situation at the time we join the story.  It was February.  Things weren’t going well for Alice.  Her dressmaking business was in the doldrums, Sammy was not well – he had some sort of flu which had been going on far too long – and Philip was bearing most of the responsibility for keeping the family above water.  Her solicitors had warned her that they couldn’t go on subsidising her action forever, especially as she already owed them nearly two thousand pounds.  And the case was not going well for them.  Her sister’s firm – let us call them Pressman and Corkscrew - had tied them up in knots, with obscure legal precedents and statements of claim to which they were unable to respond.  Then one day, when Alice was seriously considering abandoning her claim, her solicitors rang her.  The other side had made an offer.  Though it was slightly unusual in its terms, they urged her to accept it.  Financially, though it only amounted to a small percentage of the estate’s value, it would give her  a degree of security and allow her to pay off her debt at once.  It was couched in the following terms. 
“I, Estella Crowthorne, of Dayton [not the actual town] in the County of Berkshire, hereby make the following offer in the case of the estate of John Crowthorne deceased.  I am prepared to pay my sister, Alice Timothy, a lump sum of ten thousand pounds, and five hundred pounds a month until her youngest child presently living shall attain the age of eighteen years.  In return, the said Alice Timothy shall undertake to relinquish all claims to the estate of the said John Crowthorne, and in addition will transfer to me all custody, parental rights, and issues of welfare, of whatever type or importance, relating to her eldest son Philip.  Further, she will undertake, during the time the said Philip is in her sister’s care and charge, not to make or attempt to make any contact with him, either direct or by telephone or email or letter or any other means of communication and will obtain from the said Philip his written consent and undertaking also not to communicate with his mother as set out above and to comply with and obey any instruction his aunt thinks fit to give him.  And she will further agree that any failure to adhere to these terms on her part or her son’s will result in the immediate invalidation of this agreement and the forfeit of any monies already received by her under its terms.”
Alice read this offer several times.  Then she rang her solicitors.
“Is this actually legal?  Can she ask this?”
“I’m afraid so, Mrs Timothy.  Your son is still technically a minor, since he won’t be eighteen until the end of August.  It is within your power, with his consent, to transfer his custody to your sister, and it is in her power to make it one of the terms of the agreement.”
“I  don’t like it.  I shall talk to Philip when he gets home from school.  And that’s another thing.  He would have to change schools.  No, I won’t do it.  I won’t.”
“Well, I understand your reluctance, I really do.  But consider your other children.  This will take all the pressure off your finances.  Moreover if you can pay our bill, which is modest given the amount of work we have been involved in, I shall do my best to reduce it even further – though it will still run to about two thousand.  Do you know any reason why your sister should not be trusted in this matter?”
“No…not really.  Though she’s never shown any charitable inclinations before…”
“Why don’t you discuss the matter with Philip, and then with her.  Try to find out what her plans are, what she has in mind.  But I urge you to make a decision as soon as possible.  She can of course withdraw this offer at any time.”
“Thank you.  I will.  I’ll be in touch.”

When Philip arrived home from school, Alice handed him the letter.
“Read this.”
He read it through, twice, frowning.  “What’s this?  I’d have to go live with her?”
“Until your eighteenth birthday.  Six months.  I’ve told the solicitor it’s not going to happen.”
Philip threw himself into an armchair and read it all over again. 
“I know it’s not half the estate, mum.  But we didn’t need half, in any case.  This would sort things out for you.  You’d have enough to live on for the foreseeable future.  And you’d pay off the debts.  That’s half the problem, those debts.  They make you miserable.”
“But she wants to take you away from me!”
“Apparently.  I can’t think why,” he laughed.  “Let me think about it this evening, okay?  I just want to turn the whole thing over in my mind.  Have you spoken to her directly at all?”
“No.  And I don’t want to.”
“Do you mind if I do?”
“I suppose not.  Go ahead, if you want.”
“Okay, first I’m going to read this all over again.  Then I’m going to ring her and try to find out what’s she up to.”
“Be careful, Philip.  She’s an evil b…”
“All right, mum!” he interrupted.  “Don’t worry.  I’m not naĂŻve, you know.  Just forget about it for a while.  Where are the kids?”
“Sammy’s asleep.  Delia’s round at Sue’s.”
“Okay.  Now don’t worry.”  And he kissed his mother on the forehead.

[Sandra B]

Chapter 2.  A Decision.

Philip went up to his room, the letter in his hand.  He prised off his shoes, and threw himself on the bed.  He read the whole thing through again, twice.  He tried to imagine what it might be like, living with his aunt.  Oh, and her daughter.  He hadn’t seen either of them for…how long was it?  It must be at least six years.  Delia was little and Sammy hadn’t even been born.  When his mother and Estella were on better terms, they used occasionally to visit.  His father always refused to go, however.  He couldn’t stomach his wife’s sister.  Probably just as well, since he was usually drunk.  He could remember his aunt only vaguely – not with affection either.  She had seemed a rather severe presence, observing him critically and frequently correcting him for some minor offence, even in the presence of his mother.  On these visits, he’d spent most of the time playing with Tina.  She was two years older than he, and quite pretty.  I think I had a bit of a crush on her, he thought, with a smile.  Not surprising, I suppose.  I was only ten, and she seemed so grown up to me.  I can still remember those dark eyes and the feel of her hair.
He lay there for some more minutes, then seemed to make a decision.  He picked up the phone and dialled Aunt Estella’s number.  It hardly had a chance to ring before it was answered.
“Hello?”
“Aunt Estella.  It’s me.  Philip.”
“Philip!  How wonderful to hear from you.  How are you?”
Hypocritical cow, he thought.
“I’m fine, thank you.  I hope you’re well – and Tina.  You must know why I’m ringing.”
“Yes, we’re both well.  Tina’s quite grown up now.  Why you’re ringing?  Did your mother receive a letter from her solicitors?  I made her an offer.”
“I know.  I’ve read it.  What’s this all about?”
“Well, I thought it was perfectly clear…”
“It’s clear you’re screwing her over…”
“Well, if she doesn’t want to accept, of course that’s her business," she replied, frostily.  "I’ve told my legal advisors to give her forty-eight hours.  Then the offer will be withdrawn.  So what did you want to say?”
“Look aunt,” he continued, in a more conciliatory tone, “I get the financial bit.  If you want to know, I’m in favour of her accepting.  But what’s all this about you taking custody of me?  Why would you want that?  What’s in it for you?”
“Well, Philip.  There’s nothing “in it” for me, as you so charmingly put it.  We haven’t met up for years, and though your mother and I no longer see eye to eye, I feel I’d like to see something of you before you reach majority and disappear from my life – our lives – completely.  That’s all.  You’ll be well taken care of, and you can continue your schooling at a really good private school, of which my best friend is the headmistress.  Do you want to go to university next year?”
“I was hoping, yes.”
“Then take advantage of my offer.  I guarantee this place will improve your grades.  And grades are everything now.  You’ll have your own room, and Tina still lives here, so you’ll be able to see a lot of her.  I seem to remember you were very good friends…”
“How is she?”
“She’s fine.  She’s blossomed, physically and intellectually.  She would love to see you again.”
Philip could feel his resolve melting.  Above all, he wanted his mother to have financial security, no longer to be racked with worry every day of her life.  It was only for a few months, anyway.  Who knows?  he thought, I might actually enjoy the change.  He paused.
“All right.  If I agree, I want you to know I’m doing this for one reason, and one reason alone.  I want my mother to be released from all this stress.  I want her to be free to enjoy bringing up her children.  Do you understand?”
“Perfectly, Philip.  I admire and respect your loyalty to her.  Do you think you can persuade her?”
“I think so.  We’ll get back to the solicitor tomorrow.”
“You must both agree, mind, and adhere to the letter of the agreement.”
“Yes, I get that.  Okay.  Leave it with me.”
“Thank you, Philip dear.  I look forward to hearing.  Take care.”
“And you, aunt.”

He ended the call.  His mother was downstairs.  He could hear Delia arriving home.  He’d talk to her after she was in bed.  He had made up his mind.  A small inconvenience for him, that was all.  She’d be fine by herself for a while.  After all, if he did go to uni next year, she’d have to get used to doing without him.  “It’s for the best,” he said out loud.

[Sissy Little Girl]

Sandra B, two great chapters.  Phillip made his decision and he hopes it will help his mother out.  I know his aunt has alterior motives regarding Phillip.  I can't wait for the next chapters so that I can find out what is going to happen. :P :P :P :P :P :P :P

[CuddleBunns]

This is great setup, I cant wait to see what happens to Phillip next.

[sissyboy1212]

I agree with the other posters.  Fantastic start and setup! Why do I suspect Aunt Estella has some rather unusual plans for young Philip? I'm anxious to learn more about this private school... something is fishy!  Awesome!

[Sandra B]

Chapter 3.  Signed and Sealed.

After Mrs Timothy had tucked Delia in that night, Philip was waiting for her in the kitchen as she came downstairs.
“Mum,” he said, pulling up a chair for her at the kitchen table, “sit down.  Let’s talk about this Estella thing.”
She sat, looking at him anxiously.
“I’ve thought about it carefully, and I’ve spoken to her.  I’ve decided I’m prepared to agree to her terms.”
“But, Philip…”
“Hold on a second.  Of course I’m going to miss you – and the kids – terribly.  But she’s going to take care of my education, and help me get the grades I need for uni.  I don’t want to desert you – that’s the last thing I’d ever want – but the priority at the moment is to get you solvent.  We both know that if you go on fighting this case you’re simply going to run out of money and the solicitor’s good will, and be left with nothing.  You’re already a nervous wreck.  And eventually it’ll be the children who suffer as well.  This will at least sort you out, and you can relax and bring them up normally.”
Mrs Timothy sighed.  “I know you’re right.  But that woman….  You never know what she’s up to.  I’m just afraid….”
“Don’t be, mum.  There’s no choice, really.  It’s only a few months, then I can tell her to sod off.”
There was a silence, in which they both pursued their own thoughts.
“What do you want me to do?” she asked, eventually.
“Ring the solicitor tomorrow and say we’ve decided to agree to the terms.  Before she withdraws the offer and we’re back to square one.”
“Okay.  But I don’t like it, Phil.  It’s not…normal.”

The next day Mrs Timothy did as they had agreed.  Mr Jenkins, the solicitor, sounded relieved.  No doubt he wanted his bill paid, but it was also the fact that the whole business had highlighted his firm’s limitations.  After their initial conversation he rang back within the hour.
“The other side have faxed me through copies of the agreements for you and your son.  I think the sooner we get them signed and returned the better.  Would you both be able to come in today?
“Yes, of course, Mr Jenkins.  We’ll come in straight away.”
Two hours later the doc-uments were signed.  Mr Jenkins literally “breathed a sigh of relief”.
“Now, he said, I’ll fax these straight back, and once they’re received the terms of the settlement will come into effect.  So, practicalities.  Miss Crowthorne’s solicitors will arrange for the lump sum to be transferred to my firm, and I shall deduct our outstanding fees, then transfer it to your bank account – I have the details.  I will of course send you a full account.  The monthly payments will be made in advance on the first day of every month by Pressman’s direct to your account.  It’s now, what, the twentieth, so the March payment will include an adjustment for the eight days remaining in this month.”
“What about me, Mr Jenkins,” asked Philip, pessimistically.
“Mr Philip.  Yes, I was coming to that.  Miss Crowthorne has agreed that you do not need to arrive at her house until this Saturday, the twenty-fourth.  To give you a few days to prepare.”
“How generous of her!” exclaimed Philip’s mother.
Ignoring the remark, Mr Jenkins continued.
“You will, however, need to be there by twelve noon.  If you’re going by train, Miss Crowthorne has offered to meet you at the station.”
“Yes, I will be.”
“I’ll let her know.  You’ll need to ring and tell her what time you’ll be arriving.”
“Of course.”
“One more thing.  You will be required to leave your phone behind, Mr Philip.  If you do need to make a call for some legitimate purpose, I understand there is a house phone – though you can expect any call you do make to be monitored.  I urge you not to do anything to prejudice the terms of the settlement.  The consequences would, of course, be very serious.”
“Yes, we got that.”
“So that’s it, I think.  Do you have any other questions?”
Neither of them did, so with a brief handshake they departed and walked slowly home.
“Well, we’ve done it, Philip.”
“Yes, mum.  Don’t worry.  It’ll be fine.”

[Sandra B]

Chapter 4.  Espionage.

The next three days were difficult for them all.  The children had to be told their big brother was going away for a while.  They were both upset, but whereas Sammy accepted it, Delia kept asking why, and wouldn’t be satisfied with the explanation that he was paying an extended social visit to his aunt.  Eventually they decided to say that she was unwell, and that Philip was going to look after her for a bit.  This explanation put an end to the questions, but she still looked at him suspiciously.  On the Friday, after the children were in bed, and they were both feeling gloomy, Philip was sitting in an armchair reading his agreement once again.
“You know, mum, there’s something missing in this.”
“Missing?”
“Yes.  I’m not allowed to communicate with you, but there’s no mention of the kids.”
“Well?”
“So I could ring them for a chat, couldn’t I?”
“Maybe.  But she might construe that as contact with me, mightn’t she?”
“I don’t know.  I’m going to ask.  I wouldn’t do it without clearing it.  But if she did agree, maybe Delia could relay a message?”
“Darling, let’s not take the risk.  As much as I love you, and as much as I’m going to miss you, I think we should be very careful.  That woman is as cunning as a fox.  And twice as dangerous.”
“Okay, mum.  You’re right, of course.”
“There is one thing, though…”
“Yes?”
“If there was an emergency…  I mean, heaven forbid, but suppose something happened to me or to one of the kids.  Or to you.”
“There’s no provision for that, is there.  We should have thought of it before we signed.  But we were under pressure…”
“Look.  Take this.”  She handed him a business card.  “This is the shop I deal with.  “Daring Designs”. 
“Proprietor Jane Talkington.  Ripley.  That’s not that far from Dayton, is it?”
“No.  They do all sorts of bespoke ladies clothing, you know, exotic stuff.  Jane’s a very good friend of mine.  I go there every Friday afternoon, to drop off the sewing and pick up more.  I’m always there between one and two.  I’ll explain things to her.  If you can make a phone call at that time I’ll be there.  Or you could leave a message at any time.  But only do it if it’s an emergency, okay?”
“Yes, of course.  It’s something, anyway.”
They continued talking, and Mrs Timothy, who was rather into the spy genre, came up with a couple of ingenious variations.  If she had an emergency, she would get Jane to ring Aunt Estella’s number, and ask for a fictional Mrs Blenner-Hassett.  Even if Philip himself didn’t answer the phone, the silly name might well mean that he’d hear about it.  Second, she remembered that opposite her sister’s house, and in view of the windows, was a big maple tree.  If there was a problem, she would come by at night and make a yellow chalk mark on the trunk!  Philip had to laugh at that.
“Mum!  You should have been in MI5!  If you ever do have to do that, just make sure you’re not seen.  It’s like when spies mark a dead drop, right?”
“In her case, I’d say a drop dead.”
Their mood was temporarily lightened.  But neither slept well that night.